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Tier 1 Genear to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Sarfi
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Tier 1 Genear to ILR

Post by Sarfi » Fri Nov 30, 2012 10:31 pm

Hi,

My Tier 1 Gen extension expires Dec-2012, I have three stays of 95 (Jan to Apr-2009), 98 (April to July-2009) and 160 (July to Dec-2009) days outside UK in the first year of Tier 1 General.
I think I will have to take another extension. If this is the case; then can I apply for ILR in July-2014 under new changes which can allow outside UK stay upto 180 days (in my case Jul-2009 to Dec-2009 is 160 days; which wasn't due to business or employment but purely Private).
Will I have to justify this stay even as I cannot prove any economic activity during this period at all. Thanks

wpilr_nov12
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Post by wpilr_nov12 » Fri Nov 30, 2012 10:40 pm

Based on current rules your safest bet would be completing a clean 5 years. Else wait until new rules become effective
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Sarfi
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Post by Sarfi » Sun Dec 02, 2012 4:46 pm

Thanks for prompt reply but I would request for readvice in the light of coming up changes once out. Thanks again

safdar
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Post by safdar » Sun Dec 02, 2012 8:35 pm

Sarfi wrote:Thanks for prompt reply but I would request for readvice in the light of coming up changes once out. Thanks again
no one can answer ur query until new rules come into effect.

Sarfi
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170 Days Absence in Tier 1 General

Post by Sarfi » Tue Dec 18, 2012 11:15 pm

Hi,

I would request some SENIOR member to advise, "Is REASON / JUSTIFICATION required under new rules of 13-12-2012 for an Absence of 170 Days (not exceeding 180 days) for ILR under Tier 1 General?"
For Tier 1 Exceptional it isn't required. Thanks

cs95tdg
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Re: 170 Days Absence in Tier 1 General

Post by cs95tdg » Wed Dec 19, 2012 10:16 am

Sarfi wrote:I would request some SENIOR member to advise, "Is REASON / JUSTIFICATION required under new rules of 13-12-2012 for an Absence of 170 Days (not exceeding 180 days) for ILR under Tier 1 General?"
You will need to state the reason for the absence on the SET(O) form, but no evidence is required for Tier 1 G applicants unless the absence was due to serious or compelling reasons.

Sarfi
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Post by Sarfi » Wed Dec 19, 2012 1:47 pm

Thanks for reply and YES, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons."

So How can we determine that absence is for reason connected with the applicant's purpose of being in the UK? If you can exemplify please.

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Post by cs95tdg » Wed Dec 19, 2012 2:16 pm

Sarfi wrote:Thanks for reply and YES, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons."

So How can we determine that absence is for reason connected with the applicant's purpose of being in the UK? If you can exemplify please.
The first part "absences must be for reasons connected with the applicant’s purpose for being in the UK " does not apply to Tier 1 General Migrants. So there is no need to determine or prove this.

If, however you were a Tier 2 migrant then you would need to get a letter from your employer to confirm all annual leave & business related absences.

Sarfi
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Post by Sarfi » Wed Dec 19, 2012 2:31 pm

Thanks for your response. I have Tier 1 G all though my stay in UK with an absence of 175 Days and new rule 13-12-2012 require Tier 1 G's absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.

Your response says it is for tier 2? how we can say above isn't for tier 1 g?

So do I need reason for 175 days absence or not?

cs95tdg
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Post by cs95tdg » Wed Dec 19, 2012 2:55 pm

Sarfi wrote:new rule 13-12-2012 require Tier 1 G's absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.
Can you point me to the immigration rule which states this for T1 G?
Sarfi wrote:So do I need reason for 175 days absence or not?
According to my understanding of the rules, if you are applying as a T1G Migrant then you do need to list a reason for each absence, but do not require evidence or an employer letter confirming them unless the absence was due to serious or compelling reasons.

Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

gaboon_viper
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Post by gaboon_viper » Wed Dec 19, 2012 6:52 pm

hi

please help me. i am on tier1 general self employed

i switch from student to hsmp in feb 2008 in country uk. after that i took 2 months holidays suddenly from feb08 to april 08.

then in jan11 to march 2011, nearly 2 months, i went back to get married.

so in total 4.5 months out of country

i will apply in 1st week of feb13.
any chance of my success.

please guide me.

thanks

wpilr_nov12
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Post by wpilr_nov12 » Thu Dec 20, 2012 12:19 am

gaboon_viper wrote:hi

any chance of my success.

please guide me.

thanks
Read and work your way through the Set O form (free download). That will make your situation and position clearer for you.
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My ILR, MN1 and kids PP stories.

Sarfi
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Absence >90 Tier 1 G ILR!

Post by Sarfi » Fri Dec 21, 2012 1:00 pm

cs95tdg wrote:
Sarfi wrote:new rule 13-12-2012 require Tier 1 G's absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.
Can you point me to the immigration rule which states this for T1 G?
According to my understanding of the rules, if you are applying as a T1G Migrant then you do need to list a reason for each absence, but do not require evidence or an employer letter confirming them unless the absence was due to serious or compelling reasons.

Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/quote]

Hi CS95tdg:

Thanks for your contribution; if you read relevant part (page 11 last paragraph) of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
You will see, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons" for ILR Applicant including Tier 1 General.

Now regarding list a reason for each absence; there 2 options. 1- evidence related to business or employment letter confirming them or 2- Due to serious or compelling reasons.
Now Confusion is that UKBA doesn't ask for Employer's letter from Tier 1 G directly (as T1 G can be self-empolyed or ...) and hasn't cleared this point and so T1G is left with 2nd option of Serious or Compelling reason only as Some Reason for each absence is required anyway (don't for less than 90 days even or only for >90 days). Thats what I am after to get clear. Thanks if some can share his appealing understandings of reason for an absence of 175 days. If reason required then what sort of compassionate is possible?

Sarfi
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Tier 1 Genear to ILR

Post by Sarfi » Sun Dec 23, 2012 12:10 am

Hi CS95TDG,
Thanks for your contribution; if you read relevant part (page 11 last paragraph) of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
You will see, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons" for ILR Applicant including Tier 1 General.

Now regarding list a reason for each absence; there 2 options. 1- evidence related to business or employment letter confirming them or 2- Due to serious or compelling reasons.
Now Confusion is that UKBA doesn't ask for Employer's letter from Tier 1 G directly (as T1 G can be self-empolyed or ...) and hasn't cleared this point and so T1G is left with 2nd option of Serious or Compelling reason only as Some Reason for each absence is required anyway (don't for less than 90 days even or only for >90 days). Thats what I am after to get clear. Thanks if some can share his appealing understandings of reason for an absence of 175 days. If reason required then what sort of compassionate is possible?

cs95tdg
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Re: Tier 1 Genear to ILR

Post by cs95tdg » Sun Dec 23, 2012 9:32 am

Sarfi wrote:Hi CS95TDG,
Thanks for your contribution; if you read relevant part (page 11 last paragraph) of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
You will see, "absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons" for ILR Applicant including Tier 1 General.

Now regarding list a reason for each absence; there 2 options. 1- evidence related to business or employment letter confirming them or 2- Due to serious or compelling reasons.
Now Confusion is that UKBA doesn't ask for Employer's letter from Tier 1 G directly (as T1 G can be self-empolyed or ...) and hasn't cleared this point and so T1G is left with 2nd option of Serious or Compelling reason only as Some Reason for each absence is required anyway (don't for less than 90 days even or only for >90 days). Thats what I am after to get clear. Thanks if some can share his appealing understandings of reason for an absence of 175 days. If reason required then what sort of compassionate is possible?
While its true that absences must be for reasons connected with the applicant’s purpose for being in the UK, for Tier 1 General Applicants no employer letter is required for annual leave or business related absences. All you need to do here is list the absences and give a reason against each (E.g. annual leave, business travel, etc...). It's only if you have an absence that is due to a serious or compelling reason that you need to provide a personal letter along with evidence to support it (E.g. birth or death certificate etc...). The area which isn't explained in the rules is on what happens to those Tier 1 G applicants who take holidays/time out of the UK while they are in-between jobs (I.e. not paid/unemployed). One of the forum members wrote to the UKBA to get clarity on this see the following thread for details: http://www.immigrationboards.com/viewto ... c&start=20
M2008 wrote:Got Reply from Home office

Dear Sir,

Details of all absences from the UK must be provided on the SET (O) application form, and must have resulted from either business reasons, or for compelling or compassionate reasons.

Tier 1 migrants do no need to provide a letter from their employer regarding the business related absences, as many Tier 1 migrants are self-employed. They must however provide the specified evidence of absences that were for compelling or compassionate reasons. These would be varied, but examples would be natural disaster, preventing travel following a holiday, or the death of a close relative.

Absences due to annual leave would be covered by the policy, but absences of unpaid leave would need to fully explained and would not necessarily be disregarded. This would be a decision for the caseworker to make, given the explanation of the absence.

Absences due to the applicant travelling to see family and friends whilst unemployed would break the continuous period for ILR, as they are not work-related or for compelling or compassionate reasons.

I trust this clarifies the situation.
It's not clear whether all your absences were while you were unpaid in the UK. But if they were, then reading this thread will help. It appears the UKBA are stating that any absence that was taken while unemployed in the UK would be considered a break in continuous residence. You cannot quote a serious compelling reason(s) for those absences. Even though the UKBA provided the above response, I have seen other recent success stories on this forum where the applicants were not questioned about their unpaid absences, so I would recommend you go through these to understand what case workers have requested post 13th Dec 2012 when the rule changes came into effect. I believe the key will be providing a credible reason for each of unpaid absences - if they were short in duration and you were employed soon after each and also have P60's for each of those years it would make that task easier.

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Post by Amber » Thu Oct 17, 2013 1:58 pm

Sarfi wrote:Hi there,

I'd a question on the new rules and wanted To see if anyone in a smilar situation applied and received the ILR.
I read the new guidelines which says "180 days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application"

I've tabulated my absences below;

To From Days Outside <180 days
Year 1 25/12/2013 24/12/2012 00 Yes
Year 2 25/12/2012 24/12/2011 00 Yes
Year 3 25/12/2011 24/12/2010 01 Yes
Year 4 25/12/2010 24/12/2009 15 Yes (01+14)
Year 5 25/12/2009 24/12/2008 331 YES/No as (65+120+146; each<180 days)
First entry on Tier 1 General 25/12/2008 for 12-days; 2nd entry 13/03/2009 for 03-days; 3rd entry on 14/07/2009 for 18-days and 4th entry on 08/01/2010 for ling stays.

My question is
<i> Will I be eligible for ILR on 25/12/2013 with the new rules?
<ii> Because my absences are less than 180 days, preceding the date of the application - do I need to have an evidence for absence being on Tier 1 general.

cheers,
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Post by Amber » Thu Oct 17, 2013 1:59 pm

So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
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Sarfi
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Post by Sarfi » Fri Oct 18, 2013 8:05 pm

D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Thanks; Does this fulfills "In any of the five, two, three or four consecutive 12 month periods". I think in very first 12 consecutive months; absence exceeds 180? Please advise. Thanks

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Post by Amber » Fri Oct 18, 2013 10:03 pm

I assume you will split your period so that during each qualifying 12 month period, absences are restricted to <180 days.
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Sarfi
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Post by Sarfi » Sat Oct 19, 2013 12:33 am

D4109125 wrote:I assume you will split your period so that during each qualifying 12 month period, absences are restricted to <180 days.
What I understand is that Case-worker will ensure absence <180 in any 12 months over 60 Months i.e first in 1-12, then 2-13, the 3-14, 4-15 ......... 49-60; so is splitting a misconception? as its being stated in many topics. This sounds not Good as rules says ANY 12 month in 5, 2, 3, 4 years (sounds technical; without saying one). Please comment. Thx
Last edited by Sarfi on Wed Dec 11, 2013 1:35 pm, edited 2 times in total.

QQQ
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emplyer absence letter

Post by QQQ » Sat Oct 19, 2013 12:45 am

D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.

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Re: emplyer absence letter

Post by ISingh2008 » Sat Oct 19, 2013 1:51 am

QQQ wrote:
D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.
Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...

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Re: emplyer absence letter

Post by QQQ » Sat Oct 19, 2013 12:48 pm

ISingh2008 wrote:
QQQ wrote:
D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.
Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...
you meant the "days out of UK are > 180 days", right? Thanks

QQQ
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Re: emplyer absence letter

Post by QQQ » Sat Oct 19, 2013 1:13 pm

QQQ wrote:
ISingh2008 wrote:
QQQ wrote:
D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.
Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...

you meant the "days out of UK are > 180 days", right? Thanks

thanks for your reply. A couple of more things:

In form Set(O) Section 6.2 shall we just listed the departure and entry date and with reasons? Where does the calculation of less than 180days per year (backed up from application date) go? Shall we include a separate letter for that?

Section 6.3 asked for evidence for Tier 1 with respect to absence, shall we just leave it as blank?

Thank you.

ISingh2008
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Re: emplyer absence letter

Post by ISingh2008 » Sat Oct 19, 2013 8:12 pm

QQQ wrote:
ISingh2008 wrote:
QQQ wrote:
D4109125 wrote:So long as absences are <180 days per 12 month period, you should be ok, evidence should not be required.
Sorry Guys, I am confused. I remembered some time ago, in early April there was a lot of disscussion with respect to the requirement of absence letter from employer for Tier 1 applicant. So is that settled now that we do not need to provide it? Thanks a lot.
Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are <180. There are a few success stories for similar cases on this forum...
you meant the "days out of UK are > 180 days", right? Thanks

Sorry ..yes ur right...Typo error .. my mistake... correcting here :)

Tier 1 (G) applicants dont need to provide any letter from their employers unless the days out of uk are >180 in any 12 consecutive months in the 5 years before the date of ILR application. There are a few success stories for similar cases on this forum.


Q 6.2 --- yes list departure dates and return dates .. and also the reason...eg. Holidays etc...

Q 6.3 -- leave blank

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